Deane v Barker & Ors [2022] EWHC 1523 (QB) (17 June 2022)

Deane v Barker & Ors [2022] EWHC 1523 (QB) (17 June 2022)

The definitions of 'renovation' and 'maintenance' in the CTE are clear and unambiguous; the works carried out at the villa in 2017 were not 'maintenance' as defined but constituted 'renovation', triggering the application of the CTE. The staircase was not for 'restricted use' as it served more than 10 non-habitual users, so the more stringent safety requirements applied. Breach or compliance with the CTE is not determinative of breach of duty but is a relevant factor in the overall assessment under both English and Spanish law.

Citation
[2022] EWHC 1523 (QB)
Parties
Claimant: Lydia Deane; First Defendant: Paul James Barker; Second Defendant: Anita Jayne Barker, née Hamilton; Third Defendant: Reale Seguros Generales SA; Fourth Defendant: Villa Management SL
Jurisdiction
England and Wales
Judgment Date
17 June 2022
Procedural Posture
Personal Injury / Trial of Preliminary Issue
Outcome
Preliminary issues determined in favour of the Claimant's interpretation; CTE applies and staircase is not of restricted use.
Legal Topics
Personal Injury, Negligence, Foreign Law Application, Building Regulations, Interpretation of Foreign Statutes, Standard of Care, Contractual Liability
Tort Law Private International Law Construction Law Personal Injury Negligence Foreign Law Application Building Regulations Interpretation of Foreign Statutes +2 more

Case Brief

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Parties

Lydia Deane

Claimant

Paul James Barker

First Defendant

Anita Jayne Barker, née Hamilton

Second Defendant

Reale Seguros Generales SA

Third Defendant

Villa Management SL

Fourth Defendant

Procedural Posture

Personal Injury / Trial of Preliminary Issue

Legal Issues

  1. 1 Whether works at the villa constituted 'renovation' or 'maintenance' under Spanish law (CTE)
  2. 2 Whether the villa's staircase was for 'restricted use' or 'general use' under the CTE
  3. 3 Whether breach or compliance with the CTE is determinative of breach of duty in English and Spanish law

Ratio Decidendi

The definitions of 'renovation' and 'maintenance' in the CTE are clear and unambiguous; the works carried out at the villa in 2017 were not 'maintenance' as defined but constituted 'renovation', triggering the application of the CTE. The staircase was not for 'restricted use' as it served more than 10 non-habitual users, so the more stringent safety requirements applied. Breach or compliance with the CTE is not determinative of breach of duty but is a relevant factor in the overall assessment under both English and Spanish law.

Court Disposition

Preliminary issues determined in favour of the Claimant's interpretation; CTE applies and staircase is not of restricted use.

Orders

  • Declaration that the works constituted 'renovation' under the CTE, not 'maintenance'.
  • Declaration that the staircase is not of 'restricted use' under the CTE.